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The regular meeting of the West Vincent Township Board of Supervisors was held on the above date at the Township Building. Chairman Kenneth Miller called the meeting to order at 7:40 p.m.; others in attendance were Supervisors Zoë Perkins and Karl Brachwitz, Township Manager Allen Heist, and Township Solicitor Allan Greenwood. Presentation: Mrs. Perkins acknowledged Pam Shillingford and Kate Damsgaard, "goodwill ambassadors for West Vincent Township" for their many years of service. Pam was instrumental in initiating the Township Trail Plan, a founding member and Chairperson of the West Vincent Township Environmental Advisory Council, active in environmental issues, and Township Park planning. Kate was involved in drafting the Township Open Space and Recreation Plan, a founding member of the EAC, and has been an active member and Vice Chairperson of the West Vincent Township Planning Commission. Both women, along with Zoë, initiated the formation of the West Vincent Land Trust. Planning Commission Chairman Jim Wendelgass and Board Members Ken Miller and Karl Brachwitz also offered thanks for their contributions to West Vincent Township; silver boxes were presented to Pam and Kate as a token of appreciation.
Since a court reporter was not present, the continuation of the Duffield Conditional Use Hearing was postponed until 8 p.m.
Minutes: Mr. Brachwitz moved to approve minutes of the August 6, 13, and 27 meetings with one change to the minutes of the August 6, 2001 meeting as follows: addition to paragraph seven..."The [addition] Zoning and Subdivision and Land Development Ordinance amendments…… The motion was seconded by Mrs. Perkins and carried unanimously.
Reports: Treasurer’s Report - The following August 31, 2001 account balances were reported: General Fund, $187,208.50; State Fund, $79,142.64; Kimberton Sewer Fund, $30,502.09; Township Building Loan Fund, $719,500.06; St. Stephens Greene Sewer Fund, $24,799.11; St. Stephens Greene Water Fund, $25,440.43. Police Report - The Police Department responded to 42 calls in August; the State Police handled 28 additional calls. Solicitor’s Report - Solicitor Greenwood reported working on the Sheeder Mill Escrow Agreement, Matlock Subdivision, Horseshoe Farms revised Deed of Dedication Resolution and revisions to the Laymen’s Subdivision documentation.
Correspondence: A letter was received from Township resident, student, and active babysitter, Caroline Ouwerkerk, thanking the Board for the Park Tot Lot, which provides a wonderful outing for the children she watches.
Mrs. Perkins read into the record the following letter received from Corrine Masur, Miller Road:
"My lovely, quiet summer in Chester Springs has come to an end - not, as you might expect because Labor Day is upon us but because the clearing of the Laymen’s Missionary property has begun to make way for the Bachich development.
It is with both great sadness and considerable anger that I listen to the buzz saws and bulldozers. I attended numerous meetings of your board, made comments, asked questions, met with legislators, met with neighbors all to no avail. This development in my little piece of West Vincent Township was passed by your board just as developments are being approved throughout West Vincent Township and in Chester County in general. I fail to understand how it is that you continue to approve the galloping development of an area that is truly a treasure and which will soon be nothing more than one more suburban landscape. The majority of residents who I talk with and with whom I have met oppose this development. Why do you do so little to question the necessity for it, the costs to our lives and our lifestyles, the damage to our environment and the general impoverishment to our community as a result of it?
I do not ask these questions rhetorically. I would like a response to this letter and I would like to know what you suggest the citizens of this Township do to stop the rampant development. I hope you will not tell me to give money to the land trusts or to attend their meetings. This I do and it is just not enough. These trusts simply cannot raise enough money in enough time to save our beautiful Township."
Mrs. Perkins sent a personal response to this correspondence, which in part advised Ms. Masur that the law in Pennsylvania clearly states that each property owner has the right to develop his property within the parameters of a municipality’s ordinances. The following portion of Ms. Masur’s response were read:
"I appreciate the difficulties mentioned in your letter in regard to limiting growth. Part of my frustration, however, stems from the fact that I know that other areas have more successfully restricted zoning, maintained historic and rural features, etc. and I do not know how to do the same in our beautiful corner of Pennsylvania. I consider this area to be (or to have been) a real treasure and it literally makes me feel ill each time I see a new development going up. Perhaps I am mistaken but my impression on attending the meetings regarding this particular development was that the Board was not particularly proactive in attempting to identify possible rational for discouraging Woodstone in regard to the number of houses planned, the location of its septic spray field, etc."
The October Township newsletter will highlight how the Township deals with the highly complicated process of development and will also feature a column entitled, "History Matters".
Subdivisions/Land Development/Zoning: Woodstone Development Company, Inc. has proposed a temporary "Pump and Haul" program pertaining to the Stonecroft Subdivision to dispose sewage from one model home and six occupied dwellings until the pump station and wastewater treatment facility is completed. Solicitor Greenwood has reviewed and amended a Resolution and formal Agreement concerning this matter. Final forms, including actual escrow amounts, will be submitted to the Board for consideration at their September 17th administrative meeting.
The Board unanimously acknowledged receipt of a subdivision extension agreement for the Ewing Tract Minor Subdivision Plan extending review time to November 21, 2001 upon a motion from Mr. Brachwitz and second from Mrs. Perkins.
Mr. Brachwitz moved to acknowledge receipt of a subdivision extension agreement for the Ewing Tract Major Subdivision Plan extending review time to November 21, 2001; the motion was seconded by Mrs. Perkins and carried unanimously.
Castle Valley Consultants, Inc. submitted a report to the Board in response to Southdown Homes’ correspondence advising that the developer and builder of Wetherill Estates have met the requirements of the "Dedication of the Public Improvements" document with a few minor exceptions, which may be resolved during the 18-month maintenance period secured by their Maintenance Bond. A response to Southdown Homes will be formulated upon clarification from the Engineer and receipt of input from the Wetherill Estates Homeowners Association; the issue was tabled until the September 24th agenda.
Conditional Use Hearing: Chairman Miller reconvened the hearing for Richard F. Duffield at 8:10 p.m. The purpose of the hearing was to take formal action on the conditional use application of Richard F. Duffield based upon the record established during the conditional use hearing held August 27, 2001. The Decision was read and Mr. Brachwitz suggested the following revision:
Condition #2: No more than four dwelling units will be permitted on the entire Richard F. Duffield Subdivision at any time. The residential occupancy of the existing accessory dwelling unit will be permanently abandoned, [addition] all connection with the sewer system shall be terminated, and all interior plumbing facilities connected to the sewer system shall be removed at the time of the issuance of the Certificate of Occupancy for the proposed single family dwelling on Lot #4.
Mr. Duffield indicated that an outside spigot on the existing accessory dwelling unit would remain; since the well on Lot #1 services the accessory building on Lot #4, an easement agreement would be prepared prior to conveyance of the lots.
A motion was made by Mr. Brachwitz to grant conditional use approval to Richard F. Duffield in accordance with the Decision dated September 10, 2001 as amended and subject to the Applicant’s compliance with seven conditions per the attached document; the motion was seconded by Mrs. Perkins and carried unanimously. The hearing was adjourned at 8:20 p.m.
Continuation of Regular Meeting: A report was received from Castle Valley Consultants, Inc. in response to Berman Building Contractors, Inc.’s letter concerning Matthews Meadows schedule to complete outstanding punchlist items and offer of dedication; official action will be deferred until the September 24th Board meeting.
Solicitor Greenwood reviewed Resolution 17-2001, a revision of Resolution 15-2001, pertaining to accepting dedication of Houndstooth Lane and Houndstooth Circle. In the revised resolution, Condition #4, PennDOT requirements, has been eliminated. A motion was made by Mr. Brachwitz to adopt Resolution 17-2001, accepting dedication of Houndstooth Lane, Houndstooth Circle, and a portion of roadway to be added to the Township road known as Horseshoe Trail upon satisfaction of the following conditions:
The motion was seconded by Mrs. Perkins and carried unanimously.
In response to an inquiry from a title company involved in the transfer of two lots in the Kimberbrae Subdivision, Mr. Brachwitz made the following motion:
WHEREAS, in order to bring the deed descriptions into alignment with the revised lot lines for lots 18 through and including 22 deeds are being created and made ready for recording for portions of lots previously deeded in error, and
WHEREAS, the parties involved wish to be sure West Vincent Township will not find such deeds and conveyances to constitute illegal subdivision activity.
NOW, THEREFORE, it is MOVED that the Board of supervisors of West Vincent Township hereby go on record to state that any conveyance the purpose of which is to make the alignment of lots 18 through 22 inclusive consistent with the plan dated August 9, 1991 and recorded in the Chester County Recorder of Deeds Office as Plan #11550 shall not constitute illegal subdivision activity."
The motion was seconded by Mrs. Perkins and carried unanimously.
David Beideman was present to request a waiver from Section 615C. of the Subdivision and Land Development Ordinance relating to land set-asides for public recreational use for the Walter and Betty Dunning Subdivision Plan. The plan, entitled "Oakengates Lots 4 and 5", involves the creation of two parcels (5.63 acres with existing residence and 10 acres) from a 15.63 acre parent tract. The subdivision plan is subject to a Declaration of Covenants, Conservation Restrictions, and the lots are restricted against further subdivision. Mrs. Perkins was favorably inclined to grant the waiver request as long as the restriction against further subdivision was truly binding. Mr. Beideman will prepare language to be included on the subdivision plan and individual deeds restricting Lots 4 and 5 against further subdivision; the draft will be forwarded to Solicitor Greenwood and the Board. Mrs. Perkins moved to grant the waiver from the land set-aside requirement for the Dunning Subdivision conditioned upon Solicitor Greenwood’s approval of the language pertaining to restricting the lots against further subdivision. Mr. Miller seconded the motion and the motion carried with Perkins and Miller voting in favor and Brachwitz opposed.
Clare Quinn mentioned that the Planning Commission would like clarification of the ordinance language relating to "fee in lieu of" and "set aside" provisions.
Old Business: In response to questions and comments during the August 13th meeting, Manager Heist indicated that he has a copy of the Upper Uwchlan Township approved plans and conditions for Philadelphia Suburban Water Company’s pump station on Black Horse Road. Manager Heist also reported on a meeting held with a PSW representative and David Decker, Cedar Lane, to discuss the installation of the proposed water main from the Black Horse Road tank, around the perimeter of the Decker property, and within the right-of-way of Cedar Lane. PSW has agreed to pave Cedar Lane in lieu of financial consideration to Mr. Decker. The Board will consider vacating approximately 1300’ of Cedar Lane along the Decker property; in the meantime, a three party agreement will be drafted to address the paving of Cedar Lane.
In response to Mr. Carroll’s request for the Board to review zoning regulations pertaining to real estate signs, Messrs. Brachwitz and Miller advised they are satisfied with the current regulations.
Proposed revisions to the Employee Manual relating to road workers who are also active Volunteer Emergency Services Providers for any one of the fire companies which service the Township were reviewed; the Board agreed to maintain current standards.
A motion was made by Mr. Miller, seconded by Mrs. Perkins, to appoint Susan I. Morse to the voluntary position of Township Historian; the motion carried with Miller and Perkins voting in favor, Brachwitz abstained.
Mrs. Perkins moved to approve the proposal submitted by C. Raymond Davis, Kimberton, to review and modify the existing Township Building plans for the former Evans property within budget requirements at a cost not to exceed $5,000 and conditioned upon receipt of a formal agreement. The motion was seconded by Mr. Miller and carried with Perkins and Miller voting in favor, Brachwitz abstained.
A motion was made by Mr. Brachwitz to accept the proposal submitted by U.S. Filter Distribution Group for 33 water meter units and one TouchReader II for St. Stephens Greene development at a cost of $2,078.00 to be paid from the St. Stephens Greene Water Fund. The motion was seconded by Mrs. Perkins and carried unanimously.
New Business: Robert Wideman is working on product information and pricing for the installation of a basketball backboard at the Township Park.
The PennDOT Highway Occupancy Permit for re-alignment of the Township Park entrance off Conestoga Road has been received. The current entrance will be removed and the exit widened to 20’ to accommodate two-way traffic; the Township Road Crew will perform the work and additional signage will be removed.
The County Association Fall Convention will be held Thursday, November 8th at The Desmond. Mrs. Perkins and the "newly elected" Supervisor will attend.
The 2002 Budget review will begin within the next couple weeks.
An executive session will be held immediately following the regular meeting to discuss litigation matters pertaining to Fleck and Cooks Glen Road, personnel matters pertaining to the Police Department, and real estate matters pertaining to Laymen’s Home Missionary Movement.
Bills List: Mr. Brachwitz made a motion to pay the bills on the Bills List dated September 10, 2001; it was seconded by Mrs. Perkins and carried unanimously.
There being no further business, Mrs. Perkins moved that the meeting be adjourned; the motion was seconded by Mr. Brachwitz and the meeting adjourned at 9:20 p.m.
Respectfully Submitted,
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